Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

"Explore the concept of the forbiddance form (Seeghat An-Nahi) in Islamic jurisprudence. Understand how this form guides to the request to leave or not do an action (Talab At-Tark) and the differing opinions among scholars regarding its meaning in relation to the Hukm Ash-Shar’iy (Islamic legal ruling). Discover the various angles of Dalaalah (indicative meaning) associated with this form, including whether it guides to Al-Haraam (prohibition) or Al-Makrooh (disliked), and whether it indicates repetition, singular undertaking, or continual undertaking. This analysis of Hukm Shari (Shari’ Rules) provides insights into the different types of rulings in Islamic law, such as Fard (compulsory), Haram (prohibited), Mandub (recommended), Makruh (disliked), and Mubah (permissible). Ideal for readers interested in understanding the nuances of Islamic jurisprudence and the classification of actions based on their legal status

1 – Some of them said that it indicates Al-Karaahah (dislike) and does not indicate other than that unless there is a Qareenah (connotation) to indicate it.

2 – Some of them said that the Seeghat An-Nahi indicates At-Tahreem (prohibition) and it is not used for other than the Tahreem unless it is in a metaphorical manner (Majaaz).

3 – Some others said that the Seeghat An-Nahi does not indicate anything other than a Talab (request) to leave or not do an action whilst it is the Qareenah that diverts (or designates) the Nahi to Al-Irshaad (guidance/direction) or any one of its other meanings.

The last of these opinions is the closest to what is correct because the Seeghat An-Nahi (forbiddance form) represents the command provided in the language to indicate the leaving or not doing of the action, whilst it is the Qareenah (connotation or linking indication) that designates and specifies the kind of Talab (request) in terms of whether it is for Tahreem (prohibition) or Al-Karaahah (dislike) or Al-Irshaad (guidance/direction) or other than that.

From amongst the Qaraa’in (connotations or linking indications) that indicate At-Tahreem (prohibition) with the Seeghat An-Nahi and which indicate that the Talab At-Tark (request to leave) is a Talab Jaazim (decisive request) are the following:

1 – The text that indicates that a punishment in the Dunyaa (life of this world) or in the Aakhirah (hereafter) is a consequence of the undertaking of the action. This is like His Qawl (swt):

The punishment therefore represents a Qareenah for the Tahreem (prohibition) of As-Saraqah (theft).

2 – The text that makes clear that Allah Ta’Aalaa detests that action like in His Qawl (swt):

And in His Qawl Ta’Aalaa:

The first Aayah contains a Qareenah for the Tahreem (prohibition) of marrying those whom your fathers have previously married whilst the second Aayah contains a Qareenah indicating to the Tahreem of lying and making deceitful (hypocritical) claims.

3 – That the evidence has stated that the action being forbidden is from the works of Shaytaan. That is like His Qawl ‘Azza Wa Jalla:

This therefore represents the Qareenah (linking indication) guiding to the Tahreem (prohibition) of Khamr, gambling, sacrificing upon alters and divining arrows.

4 – The text which guides to Allah having cursed the one who undertakes the action. It has been related that:

And like the Qawl of the Messenger (saw):

(Note: Al-Waasilah is the one who makes hair extensions by profession and the Mustawsilah is the one who has it done). The first Hadeeth guides to the Tahreem of men seeking to resemble women and women seeking to resemble men, whilst the second Hadeeth guides to the Tahreem of attaching hair to extend its length which used to be a widespread practise in Jaahilliyah (Arab society prior to Islaam). That which indicates that the Seeghat An-Nahi is indicative of Karaahah (dislike) (i.e. that it is Makrooh) and indicates that the Talab Tark ul-Fi’l (request to leave or not do the action) is Ghair Jaazim (indecisive) includes the following: 1 – If the Nahi is not connected to a Qareenah indicating to the Tahreem (prohibition) like the Qaraa’in that we mentioned above. An example of this is like the statement of the Messenger (saw) to those who ate leeks and a smell was detected from them: “Have I not already forbidden you (Nahi) from eating this plant. The Angels suffer from that which the human suffers from (i.e. its smell)” (Related by Ibn Maajah in his Sunan). This guides to the Karaahah (dislike) of eating leaks and what is similar to them like onions and garlic when going to the Masjid.

2 – For the Talab At-Tark (request to leave or not to do) to be combined with the Taqreer (approval) or the Sukoot (silence) of the Messenger (saw) in respect to an action. That is like the statement of the Messenger of Allah (saw):

The Messenger (saw) has forbidden not getting married for the one who is wealthy and has the means. However, this Nahi (forbiddance) is not Jaazim due to the indication of his silence in respect to some of the wealthy Muslims whom he (saw) knew had not got married. Consequently, the wealthy person not getting married is Makrooh (disliked).